PART 6U.K.DOUBLE JEOPARDY

Saving of existing bars to civilian court proceedingsU.K.

26.—(1) This article applies where immediately before commencement a person was by virtue of a provision mentioned in paragraph (3) not liable to be tried by a civilian court in respect of an offence.

(2) Where this article applies, a civilian court may not try that person for that offence.

(3) The provisions referred to in paragraph (1) are—

(a)section 133 of AA 1955 or AFA 1955 (prohibition of trial by civilian court for offence already disposed of);

(b)section 129(1) of NDA 1957 (corresponding provision for persons subject to NDA 1957);

(c)section 18 of CMAA 1968 (conviction quashed by Appeal Court).

(4) Where immediately before commencement a person was by virtue of section 133 of AA 1955 or AFA 1955 not liable to be tried by a civilian court in respect of an offence (“offence C”) by reason of having had an offence taken into consideration when being sentenced by a court-martial or a Standing Civilian Court, paragraph (2) above ceases to apply in respect of offence C if after commencement that sentence is quashed.